Contemporary Issues in Environmental Law: The EU and Japan by Yumiko Nakanishi

By Yumiko Nakanishi

This ebook offers quite a few articles on modern matters in environmental legislations by way of eminent collage professors of environmental legislation, foreign public legislations, ecu Union legislations, and comparative legislation in Europe and Japan. it's the first publication within the box of environmental legislation according to the result of foreign meetings and examine actions supported by way of the eu Union delegation in Japan.

Current crucial and international themes resembling ideas of environmental legislation, weather swap, biodiversity, ethics relating animal rights , nuclear protection regime after Fukushima, environmental effect checks, preserving overseas waters, genetically-modified organisms, and enforcing foreign tools, and european principles on the nationwide point are mentioned in mild of the 2009 Treaty of Lisbon and different fresh foreign treaties, by means of evaluating the methods taken via the ecu, eu nations, and Japan.

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The parameters applicable to the vertical delimitation of competences only concern the relationship between the EU and its Member States, but do not influence the choice of the pertinent area of competence on the European level (which, again, determines the legislative procedure to be applied by the Union institutions). As far as Articles 192 (1) and 194 (2) TFEU are concerned, the broad nature of these competence norms is indicated by the existence of a horizontal clause (cf. Article 11 TFEU), and by the reference made in Article 194 (2) TFEU to the broad objectives codified in paragraph 1 of that provision (“establishment and functioning of the internal market and with regard for the need to preserve and improve the environment”) as well as the reservation contained in subparagraph 2 in favor of the Member State’s right “to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply“ respectively.

8 In its judgment in the Pulp Mills case, the International Court of Justice (ICJ) made it clear (1) that the principle of prevention is a binding principle of customary 6 ICJ, Gabcikovo-Nagymaros Project (Hungary v. Slovakia), Judgment of 25 September 1997, ICJ Reports 1997, p. ; ICJ, Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment of 20 April 2010, ICJ Reports 2010, p. ; ITLOS, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion of 1 February 2011, ILM 50 (2011), p.

Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation. This text reflects the idea that the environment is most effectively protected when potentially negative exposure is prevented prior to its onset, and that full scientific knowledge concerning the hazard potential and consequences of potentially environmentally detrimental measures will frequently not be available at the point in time at which the measures concerned are to be implemented.

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